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The 4th on The Fourth!

The Fourth of July is a time to celebrate the freedoms of Americans against the oppressions of English rule. One of those freedoms comes in under the 4th amendment to the U.S. Constitution;

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Under the Obama administration, warrants are not even needed to be issued. And, if your home is suddenly invaded by police without a warrant, and you arm yourself to defend yourself from an unknown assailant, you can and will be shot to death for protect for protecting yourself, your property and your family! Under new laws, police have the authority to force their way into your home without a warrant and use deadly force against you or your family for any resistance.

In fact, Storie himself acknowledged in the Daily Star that had the SWAT team entered Guerena's home peacefully, they wouldn't have made an arrest.

So, what exactly are we celebrating this Fourth of July? Sounds a lot like tyrrany has returned to oppress Americans once again.

With so much emphasis on The Patriot Act coming into being after we were violently attacked by an Islamic organization, why are we not remembering that attacks on Americans by our own government occur mostly when we have a Democratic leadership? Americans died in the Davidian compound at Waco that did not need to die. The attack on an American family at Ruby Ridge was completely fabricated. Now, the police don't even have to fabricate a story because they don't need a warrant to attack Americans.

Sounds like incompetant police work to me...something that has occured under all presidents..

This is due to new laws that bypass the 4th amendment. These laws have been passed under the Obama administration. What happened here can now happen anywhere because police do not need to have a lot of proof to take to a judge in order to get a warrant to invade your home.

Problematic for a number of years. "Dynamic entry". People get murdered by law enforcement officers from time to time.

Basically, they [police] are the usual idiot with a gun. No more, no less. Breaking down doors and entry without announcement is an obvious violation of the 4th, so I would side with the home-owner in this case. Even if he were guilty of a crime. I don't care if he killed 10 police, they should have knocked and stated their business.

"You boys are really making this thing harder than it has to be". Me

I like having infraction points, it makes me feel like 'one of the guys'.

"I am not here to rescue you, I am bringing you along for emergency rations" Quark.

Service calls submitted after 3PM will be posted the next business day.

There are so many "exceptions" that allow police to get around the Fourth Amendment that it may as well be considered useless for protecting American civilians from police corruption;

Assuming there is PC for a search, the next inquiry is, "Do I have time to get a warrant?" The Supreme Court has recognized that in exigent situations, the fact that you don't have time to get a warrant will excuse the warrant requirement to the extent of allowing immediate entry or search to neutralize the exigency. (Mincey v. Arizona) The following exigencies have been recognized:

Rescue. If someone inside premises is in need of immediate help, or if a suspect or his property must be searched to reveal the location of a kidnap victim in distress, you may take necessary steps to neutralize the exigency without waiting for a warrant. (Brigham City v. Stuart)

Imminent Substantial Property Damage. No warrant is needed before activities aimed at countering an immediate threat to property, such as a fire or a burglary in progress. (Michigan v. Tyler)

Imminent Destruction of Evidence. Warrantless entry and search for destructible evidence are constitutional if occupants are aware of law enforcement knowledge of it and are likely to dispose of it quickly. (Ker v. California) This same rationale allows warrantless seizure of "evanescent evidence" (such as blood-alcohol samples) based on probable cause. (Schmerber v. California)

Fresh Pursuit. When the suspect in a recent crime of violence flees from police apprehension and seeks refuge inside private premises, there is no need to interrupt continuous pursuit to seek a warrant. (Warden v. Hayden)

Preventing Escape. If you lawfully attempt a detention or arrest in public and the person retreats into private premises, you may enter and search for him to complete the arrest. (U.S. v. Santana)

Whichever exigency permits initial warrantless entry and search, your activity is limited to steps to neutralize the exigency. Once the exigency ends, any further search must be by warrant, consent, or some other exception. (Michigan v. Clifford)

Nothing done by police in the Guerenas murder was a crime according to current laws. The man was legally murdered by police who simply didn't bother to do enough homework about the case they were working on. Sloppy and negligent police work is allowed to continue to be protected while Americans lose their rights to protect themselves.

Proven guilty of none of the exceptions listed. Presumed guilty, even suspected guilty.

None of those exceptions apply, as I read the instance.

Looks like the police basically murdered the guy. "dynamic entry" method partly to blame. The police are killers, no doubt, but it is mostly just bad policy that makes them so. Their kids go to school with our kids, we all shop at wal-mart.

"You boys are really making this thing harder than it has to be". Me

I like having infraction points, it makes me feel like 'one of the guys'.

"I am not here to rescue you, I am bringing you along for emergency rations" Quark.

Service calls submitted after 3PM will be posted the next business day.

Nothing done by police in the Guerenas murder was a crime according to current laws. The man was legally murdered by police who simply didn't bother to do enough homework about the case they were working on. Sloppy and negligent police work is allowed to continue to be protected while Americans lose their rights to protect themselves.[/LEFT]

You suppose wrong. Even under President W Bush the Supreme Court was not conservative to any other then liberals who were perpetually upset that they didn't always get their way. Now, with the two latest O'Bummer appointees, the Supreme court is definitely leaning to the left....heavily.